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aAt this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context.a
--"International Law Reporter"

aProvides a timely work of history and a provactive thesisa--"New York Law Journal"

In an illuminating . . . survey, Richards traces the use of military commissions . . . throughout the U.S. history as well as in the Boer War and World War I.a
--"New York Law Journal"

"A fascinating history of military commissions in the West's prior wars. Peter Richards argues that military justice has a necessary role to play in defeating al Qaeda. The processes of fair trial, he argues, must take account of the real difficulties posed by this new style of war."
--Ruth Wedgwood, Edward Burling Professor of International Law and Diplomacy, Johns Hopkins University

"An excellent work, breaking new ground while respecting the scholarship and writing that has gone before. It is unique in its content, approach, and lessons, reflecting deep research and excellent scholarship."
--Gary D. Solis, Georgetown Law, and author of "Marines and Military Law in Vietnam"

The Al-Qaeda terror attacks of September 11, 2001 aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or "commissions" for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions, most recently "Hamdan v. Rumsfeld,"

At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the "Great War," and allied practices during the Second World War.

Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.

From the destruction of Hiroshima to the conclusion of the Nuclear Non-Proliferation Treaty in 1968, the international community struggled to halt the nuclear arms race and to prevent the annihilation of humanity. This study offers an accessible and authoritative account of European policy in this critical dimension of world politics. How much influence did Europeans exert in Washington? Why were European objectives often at variance with U.S. expectations? To what extent did differing national agendas on non-proliferation cause friction within the Western Alliance? Schrafstetter and Twigge examine five initiatives designed to prevent or restrain the nuclear arms race: the international option, the commercial option, the moral option, the multilateral option, and the legal option. Their conclusions show the extent to which non-proliferation policy dominated European politics and the transatlantic relationship. The international option focuses on early UN plans for international control of atomic energy (1946-48). The commercial option assesses the influence of Eisenhower's Atoms for Peace proposal of 1953 and the impact of civil nuclear power. The moral option charts international attempts to outlaw the testing of nuclear weapons, resulting in the 1963 Partial Test Ban Treaty. The multilateral option discusses the role of collective nuclear forces in addressing West German demands for nuclear equality within NATO. The legal option explores British, French, and West German attitudes to nuclear disarmament and charts the international drive to stop the spread of nuclear weapons culminating in the signing of the Non-Proliferation Treaty in 1968. Throughout the analysis, attention isfocused on the role of the European powers and their influence on both Washington and Moscow.

Listen to the podcast with Philip Drew and Bruce Oswald In Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law, the contributing authors seek to recount, explore, and explain the tragedy that was the Rwanda genocide and the nature of the international community's entanglement with it. Written by people selected for their personalized knowledge of Rwanda, be it as peacekeepers, aid workers, or members of the ICTR, and/or scholarship that has been clearly influenced by the genocide, this book provides a level of insight, detail and first-hand knowledge about the genocide and its aftermath that is clearly unique. Included amongst the writers are a number of scholars whose research and writings on Rwanda, the United Nations, and genocide are internationally recognized. Contributors are: Major (ret'd) Brent Beardsley, Professor Jean Bou, Professor Jane Boulden, Dr. Emily Crawford, Lieutenant-General the Honourable Romeo Dallaire, Professor Phillip Drew, Professor Mark Drumbl , Professor Jeremy Farrall, Lieutenant-General John Frewen, Dr. Stacey Henderson, Professor Adam Jones, Ambassador Colin Keating, Professor Robert McLaughlin, Linda Melvern, Dr. Melanie O'Brien, Professor Bruce Oswald, Dr. Tamsin Phillipa Paige, Professor David J. Simon, and Professor Andrew Wallis. This book was previously published as Special Issue of the Journal of International Peacekeeping, Volume 22 (2018), Issue 1-4 (published April 2020); with updated Introduction.

A thorough introduction to the laws of war, the savagery of war crimes, and the international system that demands justice. How do you speak of the unspeakable and defend the indefensible? War Crimes and Justice: A Reference Handbook thoroughly examines the laws of war and how the world community handles the monstrous brutalities of war through the international justice system. Highlighted are 20th century war crimes and trials including Yugoslavia, Kosovo, and the Kerry incident in Vietnam. Also covered are the four international tribunals established to punish violators in Nuremberg, Tokyo, Yugoslavia, and Rwanda. Pulitzer Prize-nominated author Howard Ball discusses those who committed unspeakable acts during war, others who sought justice for victims, and case studies portraying both victims and perpetrators. Significant treaties and conventions are explored, as well as all the options available to nations emerging from the throes of bloody civil wars to ensure peace with justice. Includes coverage of key people and trials including World War II, Vietnam, and the recent war in Kosovo Provides speeches, reports, and edited trial transcripts from cases involving war crimes

In vast swathes of America, the sacredness of the Second Amendment has become a political third rail, never to be questioned. Gun rights supporters wear tri-cornered hats, wave the stars and stripes, and ask what would have happened if the revolutionaries had been unarmed when the British were coming. They have had great success in conflating unfettered gun ownership with the Founding Fathers, the Constitution, and all things American, even in an era of repeated mass shootings. Yet the all-to-familiar narrative of America's gun past, echoed in the Supreme Court's Heller gun rights decision, is not only mythologized, but historically wrong. As Robert J. Spitzer demonstrates in Guns across America, gun ownership is as old as the nation, but so is gun regulation. Drawing on a vast new dataset of early gun laws reflecting every imaginable type of regulation, Spitzer reveals that firearms were actually more strictly regulated in the country's first three centuries than in recent years. The first 'gun grabbers' were not 1960's Chablis-drinking liberals, but seventeenth century rum-guzzling pioneers, and their legacy continued through strict gun regulations in the 1920s and beyond. Spitzer examines interpretations of the Second Amendment, the assault weapons controversy, modern 'stand your ground" laws, and the so-called 'right of rebellion' to show that they play out in America's contemporary political landscape in ways that bear little resemblance to our imagined past. And as gun rights proponents seek to roll back gun laws and press as many guns into as many hands as possible, warning that gun rights are endangered, they sidestep the central question: are stricter gun laws incompatible with robust gun rights? Spitzer answers this question by examining New York State's tough gun laws, where his political analysis is complemented by his own quest for a concealed carry handgun permit and construction of a legal AR-15 assault weapon. Not only can gun rights and rules coexist, but they have throughout American history. Guns across America reveals the long-hidden truth: that gun regulations are in fact as American as apple pie.

This edited collection considers the future of nuclear weapons in world politics in terms of security issues that are important for U.S. and other policy makers. The spread of nuclear weapons also is related to the equally dangerous proliferation of other weapons of mass destruction, including chemical and biological weapons, and of ballistic missiles of medium and longer ranges.

Cold War studies of nuclear weapons emphasized the U.S.-Soviet relationship, deterrence, and bilateral arms control. A less structured post-Cold War world will require more nuanced appreciation of the diversity of roles that nuclear weapons might play in the hands of new nuclear states or non-state actors. As the essays suggest as well, the possibility of terrorism by means of nuclear or other weapons of mass destruction introduces other uncertainties into military and policy planning. An important analysis for scholars, students, and researchers involved with defense, security, and foreign policy studies.

This volume is about the failure to prevent genocide in Rwanda in 1994. In particular, the research focuses on why the early warnings of an emerging genocide were not translated into early preventative action. The warnings were well documented by the most authoritative source, the Canadian U.N. peace-keeping commander General Romeo Dallaire and sent to the leading political civil servants in New York. The communications and the decisionmaking are scrutinized, i.e., who received what messages at what time, to whom the messages were forwarded and which (non-) decisions were taken in response to the alarming reports of weapon deliveries and atrocities. This book makes clear that this genocide could have been prevented. Published under the Transnational Publishers imprint.

Based on a series of detailed case studies, this book presents the history of genocide in Africa within the specific context of African history, examining conflicts in countries such as Burundi, Democratic Republic of Congo, Namibia, Rwanda, and Sudan. Why has Africa been the subject of so many accusations related to genocide? Indeed, the number of such allegations related to Africa has increased dramatically over the past 15 years. Popular racist mythology might suggest that Africans belong to "tribes" that are inherently antagonistic towards each other and therefore engage in "tribal warfare" which cannot be rationally explained. This concept is wrong, as Timothy J. Stapleton explains in A History of Genocide in Africa: the many conflicts that have plagued post-colonial Africa have had very logical explanations, and very few of these instances of African warring can be said to have resulted in genocide. Authored by an expert historian of Africa, this book examines the history of six African countries-Namibia, Rwanda, Burundi, Democratic Republic of Congo, Sudan, and Nigeria-in which the language of genocide has been mobilized to describe episodes of tragic mass violence. It seeks to place genocide within the context of African history, acknowledging the few instances where the international legal term genocide has been applied appropriately to episodes of mass violence in African history and identifying the many other cases where it has not and instead the term has been used in a cynical manipulation to gain some political advantage. Readers will come to understand how, to a large extent, genocide accusations related to post-colonial Africa have often served to prolong wars and cause greater loss of life. The book also clarifies how in areas of Africa where genocides have actually occurred, there appears to have been a common history of the imposition of racial ideologies and hierarchies during the colonial era-which when combined with other factors such as the local geography, demography, religion, and/or economics, resulted in tragic and appalling outcomes. Provides an unprecedented comprehensive history of genocide in Africa that will serve students of history, war and society, and genocide as well as general readers Covers Africa's most infamous genocides as well as lesser-known cases of large scale atrocities Addresses events that are contested as genocides in Africa in recent history, including the Nigerian Civil War as well as events in Ethiopia and the Democratic Republic of the Congo Examines the historical context for each of these events to clearly explain how they occurred

The Evolution of Arms Control: From Antiquity to the Nuclear Age is the first world history of arms control through time. Drawing on his knowledge of the comparative history of warfare and arms control across preliterate, ancient, medieval, and modern polities, Richard Dean Burns focuses longitudinally on such perennial arms control issues as negotiation, verification, and compliance. Although he does not, for example, allege that war elephants and nuclear weapons are of equal destructive potential, he does discern instructive similarities between Carthage in 202 BCE and Iraq in 1991 AD. Arms control and disarmament measures have been pursued and adopted throughout the history and prehistory of human warfare: sometimes as protocols recognizing evolving humanitarian taboos; sometimes as terms imposed by the victors on the vanquished; and sometimes as accords negotiated between rivals fearful of mutual destruction. Arms control measures ramped up in significance and urgency at the dawn of the 20th century by the introduction of rapid-fire weapons, aircraft, chemical agents, and submarines, and again at mid-century with the advent of weapons of mass destruction-nuclear, chemical, and bacteriological-with sophisticated delivery systems. As Burns makes clear, the enormous increase in destructive potential brought about by thermonuclear weaponry essentially changed the nature of war and, therefore, of arms control. 15 illustrations

The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.

This book analyzes the elimination of intermediate- range nuclear force missiles through vivid, fresh impressions by those who conducted the INF negotiations. The Reagan-Gorbachev Arms Control Breakthrough brings this period to life through the writing of key participants in the seminal negotiations leading to the completion of the INF Treaty and the ensuing epic struggle to secure its ratification by the U.S. Senate. The book provides an astute balance between the assessments of senior negotiators; "nuts and bolts" observations on specific elements of the Treaty by in-the-trenches negotiators; the tangles that challenged the keenest of legal minds; and the political maneuvers required to bring it through the pits and deadfalls of the Senate. Additionally, The Reagan-Gorbachev Arms Control Breakthrough provides an often-forgotten perspective of the moment, offering the opportunity for retrospective judgment. Is there a test that time demands? Are there "lessons learned," conceived at the time, that still pass that test? The INF Treaty was a pivotal moment in history, which was seized and resulted in a precedent-setting agreement and coincidental lessons from which much of arms control of the past quarter century has advantageously built.

A must-read for every concerned citizen, this absorbing book goes inside the mind of the psychological terrorist to look at what motivates him to act and to choose the weapon he does. Created by a team of experts in military science and psychology, this timely study is the first comprehensive treatment of the tactical and psychological use of weapons of mass destruction. The book introduces the term "weapons of mass psychological destruction" (WMPD) and draws from examples and case histories to examine the minds of the terrorists who choose these weapons, not for maximum killing, but for maximum psychological harm to the greatest number of people. This groundbreaking work identifies the recruiting practices that create psychological terrorists, revealing how these fanatics are "made," who becomes one, and why. Emerging trends in WMPD tactics and new technology in the field are detailed, as are related ethical issues, psychological reactions to WMPD, and the role religion may play in the choice of weapons. The innovative strategies and policies that can be used to predict, identify, and prevent disasters employing WMPD are outlined as well. Readers will also learn how the media is unknowingly used as a WMPD, and how terrorists employ social media to launch targeted psychological attacks. Details the science and psychology of WMPD in relation to chemical, biological, radiological, nuclear, and explosive weapons, explaining why a terrorist chooses a specific type of a weapon Examines who becomes a WMPD terrorist and why Highlights how and why a suicide bomber is made as well as how, why, and where he will kill to do the most psychological damage Includes case examples drawn from interviews with terrorists at Guantanamo and Abu Ghraib and from analysis of events including the Boston Marathon bombing Lays out prevention strategies that can decrease the likelihood of an attack

In this scholarly yet intensely personal history, author Edina Becirevic explores the widespread ethnic cleansing that occurred in Bosnia and Herzegovina from 1992 through 1995, war crimes and crimes against humanity committed by Serbs against Bosnian Muslims that fully meet the criteria for genocide established after World War II by the Genocide Convention of 1948. An in-depth study of the devastating and dehumanizing effects of genocide on individual destinies and the mechanisms of its denial in Bosnia and Herzegovina, Becirevic's essential history contextualizes the East Bosnian program of atrocities with respect to broader scholarly debates about the nature of genocide.

The Cold War did not culminate in World War III as so many in the 1950s and 1960s feared, yet it spawned a host of military engagements that affected millions of lives. This book is the first comprehensive, multinational overview of military affairs during the early Cold War, beginning with conflicts during World War II in Warsaw, Athens, and Saigon and ending with the Cuban Missile Crisis.
A major theme of this account is the relationship between government policy and military preparedness and strategy. Author Jonathan M. House tells of generals engaging in policy confrontations with their governments' political leaders--among them Anthony Eden, Nikita Khrushchev, and John F. Kennedy--many of whom made military decisions that hamstrung their own political goals. In the pressure-cooker atmosphere of atomic preparedness, politicians as well as soldiers seemed instinctively to prefer military solutions to political problems. And national security policies had military implications that took on a life of their own. The invasion of South Korea convinced European policy makers that effective deterrence and containment required building up and maintaining credible forces. Desire to strengthen the North Atlantic alliance militarily accelerated the rearmament of West Germany and the drive for its sovereignty.
In addition to examining the major confrontations, nuclear and conventional, between Washington, Moscow, and Beijing--including the crises over Berlin and Formosa--House traces often overlooked military operations against the insurgencies of the era, such as French efforts in Indochina and Algeria and British struggles in Malaya, Kenya, Cyprus, and Aden. Now, more than fifty years after the events House describes, understanding the origins and trajectory of the Cold War is as important as ever. By the late 1950s, the United States had sent forces to Vietnam and the Middle East, setting the stage for future conflicts in both regions. House's account of the complex relationship between diplomacy and military action directly relates to the insurgencies, counterinsurgencies, and confrontations that now occupy our attention across the globe.

This book explores the subject of genocide through key debates and case studies. It analyses the dynamics of genocide - the processes and mechanisms of acts committed with the intention of destroying, in whole or in part, a national, ethnic, religious or racial group - in order to shed light upon its origins, characteristics and consequences. Debating Genocide begins with an introduction to the concept of genocide. It then examines the colonial genocides at the end of the 19th- and start of the 20th-centuries; the Armenian Genocide of 1915-16; the Nazi 'Final Solution'; the Nazi genocide of the Gypsies; mass murder in Cambodia under the Khmer Rouge; the genocides in the 1990s in the former Yugoslavia and Rwanda; and the genocide in Sudan in the early 21st century. It also includes a thematic chapter which covers gender and genocide, as well as issues of memory and memorialisation. Finally, the book considers how genocides end, as well as the questions of resolution and denial, with Lisa Pine examining the debates around prediction and prevention and the R2P (Responsibility to Protect) initiative. This book is crucial for any students wanting to understand why genocides have occurred, why they still occur and what the key historical discussions around this subject entail.

Genocide--the deliberate destruction, usually through mass murder, of an ethnic, racial or religious group--is the ultimate crime against humanity. Drawing upon a wide variety of disciplines, this study assesses ways to prevent this crime. While most books about genocide focus on the history of a particular event, such as the Holocaust, or compare case studies to derive empirical theories, this book outlines many practical aspects of genocide prevention.

Heidenrich covers a broad spectrum of expert opinions, from Stanley Hoffmann to Henry Kissinger, as well as political opinions regarding genocide that range from Ronald Reagan to Bill Clinton. Topics include international law, humanitarian intervention, early warning measures, and the effectiveness of such methods as diplomacy, economic pressure, and nonviolent resistance. Preventing genocide in a tense socio-political environment is no easy task, but such prevention is easier and more cost-effective than trying to put an end to genocide once it is already occurring.

"Ilene Rose Feinman shows us how feminist theorizing grows out of feminist activist engagementaand then is tested through direct action and refined. The questions she raises hereaabout the meanings and practices of citizenship and the impacts of soldiering on democratic lifeaare urgent as we move into a new century."
--"Cynthia Enloe, author of Maneuvers: The International Politics of Militarizing Women's Lives"

"It is pure polemic. Those already converted will be inspired."
-- Gerard J. DeGroot, "The Journal of American History"

"Disputes about who should or should not be permitted to serve in the military have almost always centered on the perceived impact of a given group on military effectiveness. Feinman takes a fresh approach to the subject of women and the military by placing citizenship, rather than war, at the center of her analysis. In a volume that addresses a complicated set of issues with great clarity and respect, Citizenship Rites asks what the relationship is between citizenship and soldiering, and between soldiering and feminism. It makes a unique and valuable contribution to a discussion that has been largely absent from the broader rhetoric over issues of gender, peace, and war."
--"Melissa S. Herbert, author of Camouflage Isn't Only for Combat: Gender, Sexuality, and Women in the Military"

In the United States, the question of women in the armed services has been continuously and hotly debated. Among feminists, two fundamentally differing views of women in the military have developed. Feminist antimilitarists tell us that militarism and patriarchy have together pressed women into second class citizenship. Meanwhile, feminist soldiers and theiradvocates regard martial service as women's right and responsibility and the ticket to first class citizenship.

Citizenship Rites investigates what is at stake for women in these debates. Exploring the perspectives of both feminist antimilitarists and feminist soldiers, Ilene Feinman situates the current combat controversy within the context of the sea change in United States politics since the 1970s-from ERA debates over drafting women to recent representations of military women such as the film "GI Jane," Drawing on congressional testimony, court cases, feminist and antiracist political discourse, and antimilitarist activism, Feinman addresses our pressing need for an analysis of women's increasing inclusion in the armed forces while providing a provocative investigation of what this changing role means for women and society alike.

The Munitions Inquiry, often called the Nye Committee after its chairperson, Senator Gerald Nye, critically examined the pre-World War II military-industrial complex of government agencies, corporations, labor unions, and financial institutions. Cold War-era historians typically presented the inquiry as a naive isolationist search for evil arms dealers who caused wars. Going beyond the concept of the Merchants of Death theory and into the social, intellectual, political, and cultural currents of the 1930s, Coulter expands the dimensions of a topic formerly framed within the narrow confines of isolationism and internationalism. In addition, he shows how the committee's 19th-century values and progressive idealism were unsuited to an era dominated by Hitler and Mussolini. In divesting the Munitions Inquiry of its image as an historical oddity, this book recovers a piece of American history that had been a casualty of World War II and the Cold War.

The thirst for post-World War II justice transcended the Cold War and mobilized diverse social groups. This is a story of their multilayered and at times conflictual interactions. In this edited collection, sixteen historians develop a new approach to the trials against persons accused of war crimes and mass murder in Europe during the ascendancy of Nazism and the Second World War (1933-1945). Focusing on the social aspects of the demand for justice and making use of previously underexploited local and international sources, contributors put to the test the notion of "show trials" and explore a range of judicial and political cultures from Germany to the Soviet Union. Essays uncover the expectations around accountability and forms of mobilization on the part of a range of citizens involved in the trials: survivors, witnesses, perpetrators, Nazi hunters, and civic activists. In addition to the perspective of these citizens, contributors invoke the expertise of reporters, filmmakers, historians, investigators, and prosecutors who shaped public representations of justice. These shaping efforts, the authors show, often supported the desire of political authorities to benefit from the publicity of the trials and to contain the spontaneous dissemination of information. The book's close examination of interactions between citizens and authorities thus demonstrates the extent and limits of what might be called a "coproduction" of justice, in the process shedding light on the interdependence between historical knowledge and legal prosecution of mass crimes.